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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70715
Experience:  Over 5 years in practice
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I was involved in a fatal road collision on January 12th this

Customer Question

I was involved in a fatal road collision on January 12th this year when the cyclist I was in collision with died of his injuries, I have given a statement under caution to the police in February and was told that my case will be referred to the CPS for a decision to be made, there were no witnesses to this tragic accident. The accident occurred on the A40 going towards Gloucester at 22-15 in the evening, the weather was gale force winds and heavy rain at the time of the collision, I was driving my lorry as I am employed by Royal Mail and was taking a loaded trailer from Coventry to Swansea. As I have mentioned, the collision occurred on Jan 12 this year but despite being told by the police in February that the police have concluded their investigations and it is going to the CPS, 7 months down the line, I have heard nothing so my question is, is there a time limit that the police have to notify you if they are pursuing a notice of intention to prosecute. I have arranged for my union solicitors to represent me but they will only do that if a prosecution is going forward, hence my question to you? I have been on long term sick since the accident suffering from Post Traumatic Stress Dissorder and have been receiving counselling since the collision Regards ***** ***** LGV Driver Royal Mail
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
As the collision was in January, is there a time limit that they must bring a prosecution as it is 7 months since the collision and I am still waiting for a decision on whether to prosecute
Expert:  Jo C. replied 2 years ago.
Not for this offence I'm afraid.
This is a fatal collision. They will be debating either a charge of causing death by dangerous driving or causing death by careless driving. Both are either way offences so they are not under time limit pressure.
They may not prosecute. They don't get very good results with causing death by careless driving basically because jurors don't like convicting people if it was just an accident.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your response, so as it has taken this length of time should I be getting notification soon and is it by letter or email
Expert:  Jo C. replied 2 years ago.
No problem. All the best.
Not sure what you mean by notification?